Schaufus v. Freedom Mortgage Corporation et al
Plaintiff: Donald Schaufus
Defendant: Freedom Mortgage Corporation, Does 1-10, inclusive and Does 1-10
Case Number: 3:2023cv01252
Filed: July 6, 2023
Court: US District Court for the Southern District of California
Presiding Judge: Bernard G Skomal
Referring Judge: Thomas J Whelan
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332 Diversity Action
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 21, 2023 Opinion or Order Filing 12 ORDER Granting #11 Joint Motion for Dismissal with Prejudice, Denying #8 as Moot Motion to Dismiss and Dismissing DOE Defendants without Prejudice. Signed by Judge Thomas J. Whelan on 8/21/2023. (exs)
August 11, 2023 Filing 11 Joint MOTION to Dismiss with Prejudice as to Freedom Mortgage Corporation by Freedom Mortgage Corporation. (Johnson, Nicole) (jmo).
August 8, 2023 Filing 10 Plaintiff's Opposition to Defendant's Motion to Dismiss (Leone, Fernando) (exs).
July 14, 2023 Filing 9 Defendant Freedom Mortgage Corporation's Request for Judicial Notice in Support of Motion to Dismiss Complaint (Attachments: #1 Exhibit 1 - Substitution of Trustee, #2 Proof of Service)(Johnson, Nicole) (exs).
July 14, 2023 Filing 8 Defendant Freedom Mortgage Corporation's Notice of Motion and Motion to Dismiss Complaint for Failure to State a Claim Upon which Relief can be Granted (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Johnson, Nicole) (exs).
July 14, 2023 Opinion or Order Filing 7 Notice of Document Discrepancies and Order Thereon by Judge Thomas J. Whelan Rejecting re #5 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can Be Granted, from Defendant Freedom Mortgage Corporation. Non-compliance with local rule(s), The document violates Rule 3.a. of Judge Whelans Chambers Rules. The rule states that Counsel shall obtain all hearing dates from the Courts law clerks before filing moving papers.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties, Original Document was returned to the filer. Signed by Judge Thomas J. Whelan on 7/14/2023. (Attachments: #1 Rejected Document)(exs)
July 13, 2023 Filing 6 Defendant Freedom Mortgage Corporation's Request for Judicial Notice in Support of Motion to Dismiss Complaint (Attachments: #1 Exhibit 1 - Substitution of Trustee, #2 Proof of Service)(Johnson, Nicole) (exs).
July 13, 2023 Filing 5 Defendant Freedom Mortgage Corporation's Notice of Motion and Motion to Dismiss Complaint for Failure to State a Claim Upon which Relief can be Granted (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service)(Johnson, Nicole) (exs). (Main Document 5 replaced on 7/14/2023) (exs).
July 7, 2023 Filing 4 CERTIFICATE OF SERVICE by Freedom Mortgage Corporation re #1 Notice of Removal, (Johnson, Nicole) (exs).
July 6, 2023 Filing 3 Corporate Disclosure Statement by Freedom Mortgage Corporation. No Corporate Parents/Interested Parties. (ggv) (sjt).
July 6, 2023 Filing 2 REQUEST FOR JUDICIAL NOTICE by Freedom Mortgage Corporation (ggv) (sjt).
July 6, 2023 Filing 1 NOTICE OF REMOVAL ( Filing fee $ 402 receipt number ACASDC-17991374.), filed by Freedom Mortgage Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - Complaint (State Court), #3 Exhibit 2 - Docket (State Court), #4 RJN Exh. 1 - Assessor Report)The new case number is 3:23-cv-1252-W-BGS. Judge Thomas J. Whelan and Magistrate Judge Bernard G. Skomal are assigned to the case.(ggv) (sjt).

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Plaintiff: Donald Schaufus
Represented By: Fernando Leone
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Defendant: Freedom Mortgage Corporation
Represented By: Brian Andrew Paino
Represented By: Nicole M. Johnson
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Defendant: Does 1-10, inclusive
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Defendant: Does 1-10
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